Water Efficiency Labelling and Standards Regulator v Renaissance Traditional Bathrooms Pty Ltd [2020] FCA 1757

Federal Court of Australia

Water Efficiency Labelling and Standards Regulator v Renaissance Traditional Bathrooms Pty Ltd [2020] FCA 1757 File number(s): ACD 42 of 2019

Judgment of: RARES J

Date of judgment: 13 November 2020

Catchwords: PRACTICE AND PROCEDURE – application for leave to proceed nunc pro tunc under s 500(2) of the Corporations Act 2001 (Cth) against two corporate respondents in liquidation – where four corporate respondents allegedly contravened ss 33 and 34 of the Water Efficiency Labelling and Standards Act 2005 (Cth) on multiple occasions and sole director and shareholder of corporate respondents alleged to have contravened Act as an accessory – where regulator seeks civil penalties and declarations – where liquidator without sufficient funds to investigate or defend allegations made by regulator – where condition of leave that regulator will not enforce penalties or costs orders against insolvent respondents without seeking leave of Court – where alleged contraventions occurred in names of insolvent corporations – whether justiciable controversy or useful purpose in Court making findings of contravention against insolvent corporation – public interest in making of declarations and effect on regulatory scheme of prosecuting non-compliance – Held: in public interest to grant leave to proceed PRACTICE AND PROCEDURE – costs of application for leave to proceed nunc pro tunc under s 500(2) of the Corporations Act 2001 (Cth) – where liquidator unsuccessfully opposed application funded by alleged accessory – whether alleged accessory should pay costs – Held: both liquidator and sole director and shareholder liable for costs of opposing application